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The Intersection Between Justice and Home Affairs and the European Neighbourhood Policy: Taking Stock of the Logic, Objectives and Practices

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  • Nicole Wichmann

Abstract

This paper claims that the European Neighbourhood Policy (ENP) of the EU, and in particular the elements related to justice and home affairs (JHA), is a complex, multilayered initiative that incorporates different logics and instruments. To unravel the various layers of the policy, the paper proceeds in three steps: firstly, it lays out some facts pertaining to the origins of the ENP, as its 'origins' arguably account for a number of the core tensions. It then presents the underlying logic and objectives attributed to JHA cooperation, which can be derived from the viewpoints voiced during policy formulation. The paper goes on to argue that despite the existence of different logics, there is a unifying objective, which is to 'extra-territorialise' the management of 'threats' to the neighbouring countries. The core of the paper presents the various policy measures that have been put in place to achieve external 'threat management'. In this context it is argued that the 'conditionality-inspired policy instruments', namely monitoring and benchmarking of progress, transfer of legal and institutional models to non-member states and inter-governmental negotiations, contain socialization elements that rely on the common values approach. This mix of conditionality and socialisation instruments is illustrated in two case studies, one on the fight against terrorism and one on irregular migration. Finally, the paper recommends that the EU draft an Action-Oriented Paper (AOP) on JHA cooperation with the ENP countries that indicates how the EU intends to balance the conflicting objectives and instruments that are currently present in the JHA provisions of the ENP.

Suggested Citation

  • Nicole Wichmann, 2007. "The Intersection Between Justice and Home Affairs and the European Neighbourhood Policy: Taking Stock of the Logic, Objectives and Practices," CASE Network Studies and Analyses 0353, CASE-Center for Social and Economic Research.
  • Handle: RePEc:sec:cnstan:0353
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    File URL: https://case-research.eu/upload/publikacja_plik/17666361_sa353.pdf
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    References listed on IDEAS

    as
    1. Marise Cremona; Christophe Hillion, 2006. "L’Union fait la force? Potential and Limitations of the European Neighbourhood Policy as an Integrated EU Foreign and Security Policy," EUI-LAW Working Papers 39, European University Institute (EUI), Department of Law.
    2. Jef Huysmans, 2000. "The European Union and the Securitization of Migration," Journal of Common Market Studies, Wiley Blackwell, vol. 38(5), pages 751-777, December.
    3. Judith Kelley, 2006. "New Wine in Old Wineskins: Promoting Political Reforms through the New European Neighbourhood Policy," Journal of Common Market Studies, Wiley Blackwell, vol. 44(1), pages 29-55, March.
    4. Jorrit Rijpma; Marise Cremona, 2007. "The Extra-Territorialisation of EU Migration Policies and the Rule of Law," EUI-LAW Working Papers 1, European University Institute (EUI), Department of Law.
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    Cited by:

    1. Andrea Gawrich & Inna Melnykovska & Rainer Schweickert, 2010. "Neighbourhood Europeanization through ENP: The Case of Ukraine," Journal of Common Market Studies, Wiley Blackwell, vol. 48(5), pages 1209-1235, November.
    2. repec:bla:jcmkts:v:48:y:2010:i::p:1209-1235 is not listed on IDEAS

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    More about this item

    Keywords

    European Neighbourhood Policy; Justice and Home Affairs; Neighbouring Policies; ENP Action Plans; Extra-territorialisation; Security; Borders; Irregular Immigration;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • J61 - Labor and Demographic Economics - - Mobility, Unemployment, Vacancies, and Immigrant Workers - - - Geographic Labor Mobility; Immigrant Workers

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